State denies liquor permit for Danbury restaurant Horizon

Published 1:00 am, Monday, January 12, 2009

DANBURY -- The state Liquor Control Commission has denied Horizon Restaurant's application for a permanent liquor license and revoked a temporary permit that allowed the business to serve alcohol.

The latest move by state officials comes about a week after the city issued a cease and desist order for Horizon based on allegations the business was operating not as a restaurant but as a nightclub, which is not allowed in the zone, according to city regulations.
The state followed suit Jan. 5 and suspended the temporary restaurant liquor permit Horizon was operating under, while the business waited for a decision on its application for a permanent license.
The commission issued the memorandum of decision last Thursday, and the city received it Monday. It says Horizon's owners claim to be operating a restaurant, but "food is rarely -- if ever -- ordered."
"Horizon advertisements promote dancing, DJ entertainment and the service of alcohol, including 'bottle service,'" the decision says. "... We find that Horizon operates like a cafe which is primarily engaged in the sale of alcoholic beverages."
The decision gives Horizon's owners --

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LLC -- until Thursday to voluntary withdraw the application and cancel the temporary permit in light of "repercussions of revocation" set out in state statutes.
Commission director
John Suchy
said anyone who has a liquor license application denied or a temporary permit withdrawn is not allowed to apply for another permit for one year.
Dan Casagrande
, an attorney who presented the city's position during the commission's review process, said he is pleased with the decision. He added a court hearing will be held Jan. 20 on the city's injunction request against Horizon.
"Under state law we can seek a permanent injunction," Casagrande said.
He added that Danbury is seeking a court order that would prevent Horizon owners from operating a business on the site "unless and until they receive the appropriate zoning approvals from the city."
Under the cease and desist order the city filed against Horizon last week, Casagrande said, the owners could reopen as a restaurant -- without a liquor license, of course -- if all issues of concern are resolved.
"It seems as though this is finally over, but you never know," said CityCenter executive director

Andrea Gartner
, who filed an objection to Horizon's liquor application along with about nine other city residents,
"The city has put a tremendous amount of resources into this, and for good reason. What was going on down there wasn't what anyone wanted downtown."
John Jowdy
, an attorney representing Horizon, said he has yet to discuss with his clients their plans for the future in light of the state's most recent decision.
Gary Tiso
, the principle member of Echo Nightlife LLC, could not be reached for comment.